'Calculated pressure, misinformation': Retired judges write to CJI against attempts to 'undermine' judiciary

A group of 21 retired judges of the Supreme Court and High Courts has written to Chief Justice of India DY Chandrachud on the escalating attempts by "certain factions to undermine the judiciary through calculated pressure, misinformation, and public disparagement". These elements, motivated by narrow political interests and personal gains, are striving to erode public confidence in the judicial system, said the letter dated April 14. 

The judges, including four from the apex court, did not specify the incidents that prompted them to write to the CJI. 

The retired judges, including justices (retired) Deepak Verma, Krishna Murari, Dinesh Maheshwari, and M R Shah, accused the critics of having insidious methods with clear attempts to sway judicial processes by casting aspersions on the integrity of courts and the judges. 

"Such actions not only disrespect the sanctity of our judiciary but also pose a direct challenge to the principles of fairness and impartiality that judges, as guardians of the law, have sworn to uphold," they said in the letter titled "Need to safeguard judiciary from unwarranted pressures". 

The strategy employed by these groups is deeply troubling, ranging from the propagation of baseless theories intended to malign the judiciary's reputation to engaging in overt and covert attempts to influence judicial outcomes to their favour, they said. 

"This behaviour, we observe, is particularly pronounced in the cases and causes of social, economic, and political significance, including the cases involving certain individuals, wherein the lines between advocacy and manoeuvring are blurred to the detriment of judicial independence," they added. 

The judges further stated they are particularly concerned about the tactics of misinformation and the orchestration of public sentiment against the judiciary. "The practice of selectively praising judicial decisions that align with one's views while vehemently criticising those that do not, undermines the very essence of judicial review and the rule of law," they said. 

They urged the judiciary led by the Supreme Court to fortify against such pressures and ensure that the sanctity and autonomy of the legal system are preserved. "It is imperative that the judiciary remains a pillar of democracy, immune to the whims and fancies of transient political interests," they said.

This letter comes weeks after more than 600 lawyers in India, including senior advocate Harish Salve, wrote to the CJI, saying attempts were being made by a "vested interest group" to influence the judiciary. The lawyers claimed that the group was employing pressure tactics to influence judicial outcomes, especially in cases involving political leaders and corruption charges.

"These actions pose a significant threat to the democratic fabric and the trust placed in judicial processes," the lawyers said in the letter under the subject head "Threat to judiciary". The lawyers claimed that the "interest group" was propagating false narratives about a so-called "golden era" of the judiciary in a bid to discredit current proceedings and undermine public confidence in the courts.

The lawyers said some of the tactics employed by the group included selective criticism or praise of court decisions based on their political agenda, calling it a "my way or the highway" approach. "It's troubling to see some lawyers defend politicians by the day, and then try to influence judges through the media at night," the letter to the CJI said.

(With inputs from PTI)